Xtreme Marketing Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement was last updated on 11/6/2010.

This Terms of Use Agreement sets forth the standards of use of the Xtreme Marketing Online Service provided by Winning at Life International, LLC. By using the Xtreme Marketing website you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Xtreme Marketing website. Your continued use of the Service afteramendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Winning at Life International, LLC is providing User with health and weight loss information and services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by Winning at Life International, LLC on an "as is" and on an "as available" basis.To the fullest extent permitted by applicable law, Winning at Life International, LLC makes no representationsor warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Winning at Life International, LLC shall have no liability for any interruptions in the use of this Website. Winning at Life International, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

Winning at Life International, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Winning at Life International, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Winning at Life International, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

User agrees to indemnify and hold Winning at Life International, LLC, its parents, subsidiaries, affiliates,officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Winning at Life International, LLC reserves the right to modify or discontinue the Service with or without notice to the User. Winning at Life International, LLC shall not be liable to User or any third party should Winning at Life International, LLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that Winning at Life International, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Winning at Life International, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Winning at Life International, LLC makes no warranties or representations whatsoever with regard toany product provided or offered by any Vendor, and you acknowledge that any reliance onrepresentations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts California

Our website is operated and provided in the State of California. As such, we are subjectto the laws of the State California, and such laws will govern this Terms of Use, withoutgiving effect to any choice of law rules. We make no representation that our website or otherservices are appropriate, legal or available for use in other locations. Accordingly, if youchoose to access our site you agree to do so subject to the internal laws of the State California.

9. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with anysuch laws. User may not use the Service in any way that violates applicable state, federal,or international laws, regulations or other government requirements. User further agrees notto transmit any material that encourages conduct that could constitute a criminal offense,give rise to civil liability or otherwise violate any applicable local, state, national, orinternational law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics,interfaces, and the selection and arrangements thereof is ©2009 Xtreme Marketing,with all rights reserved, or is the property of Winning at Life International, LLC and/or third partiesprotected by intellectual property rights. Any use of materials on the website, includingreproduction for purposes other than those noted above, modification, distribution, or replication,any form of data extraction or data mining, or other commercial exploitation of any kind, withoutprior written permission of an authorized officer of Winning at Life International, LLC is strictly prohibited.Users agree that they will not use any robot, spider, or other automatic device, or manual processto monitor or copy our web pages or the content contained therein without prior written permissionof an authorized officer of Winning at Life International, LLC.

"Winning at Life International, LLC" and "Xtreme Marketing" are proprietary marks ofWinning at Life International, LLC. Winning at Life International, LLC's trademarks may not be used in connectionwith any product or service that is not provided by Winning at Life International, LLC, in any manner thatis likely to cause confusion among customers, or in any manner that disparages or discreditsWinning at Life International, LLC.

All other trademarks displayed on Winning at Life International, LLC's website are thetrademarks of their respective owners, and constitute neither an endorsement nor a recommendation ofthose Vendors. In addition, such use of trademarks or links to the web sites of Vendors is notintended to imply, directly or indirectly, that those Vendors endorse or have any affiliation withWinning at Life International, LLC.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the DigitalMillennium Copyright Act, Xtreme Marketing designates the following individual asits agent for receipt of notifications of claimed copyright infringement.

By Mail
Winning at Life International, LLC
Attn: Legal Department
4859 W. Slauson Ave Suite #380
Los Angeles, CA 90056

By Telephone: 1.888.474.2161

By Email: Customer Care

12. Botnets

Winning at Life International, LLC retains the right, at our sole discretion, to terminate anyaccounts involved with botnets and related activities. If any hostnames are used as commandand control points for botnets, Winning at Life International, LLC reserves the right to direct theinvolved hostnames to a honeypot, loopback address, logging facility, or any other destinationat our discretion.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable forany reason, the other provisions (and any partially-enforceable provision) shall not be affectedthereby and shall remain valid and enforceable to the maximum possible extent. You agree thatthis Terms of Use Agreement and any other agreements referenced herein may be assigned byWinning at Life International, LLC, in our sole discretion, to a third party in the event of a mergeror acquisition. This Terms of Use Agreement shall apply in addition to, and shallnot be superseded by, any other written agreement between us in relation to your participationas a User. User agrees that by accepting this Terms of Use Agreement, User is consentingto the use and disclosure of their personally identifiable information and other practicesdescribed in our Privacy Policy Statement.